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European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 03

March 2019

Available online: https://ejbss.org/ P a g e | 355

The Position of Women in the Constitution and Society in India

Kamaljit Singh

Associate Professor

Department of Political Science

Govind National College Narangwal

Email:- ksohi10@yahoo.com

ABSTRACT

Women have to play a variety of roles like the political, social, religious, economic

and cultural etc. Among these the political role is vital through which they can achieve equal

rights, opportunities and status at par with men. Though various efforts have been made by the

government to uplift the status of women, but the situation is not very satisfactory yet. There

are several provisions made by the constitution to uplift their position, role and status in Indian

society. Despite these provisions the status of women in demographic, literacy, employment

and political fields is not very satisfactory. It is only through empowerment of women the

development of the society and the nation is possible. So a lot of measures are needed to

improve their position in society.

KEYWORDS: - Uplift, Constitutional, Rights, Directive Principles, Women Empowerment,

Status, Violence, Efforts.

Although, women in the early age were expected to become the principal providers of

care and support for infants and children, yet, in the changing context, they have to play a

variety of roles-political, social, religious, economic and cultural etc. But, among these, the

political role is paramount through which women can achieve equal rights, opportunities and

status at par with men. The post- independence Indian governments have made enormous

attempts to uplift the status of women through constitutional and extra constitutional measures

also but, the situation is not very satisfactory even so far. The spirit of the United Nations

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European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 03

March 2019

Available online: https://ejbss.org/ P a g e | 356

Declaration of Human Rights has been honoured by the framers of the Indian constitution and

policy makers. This has been reflected into various steps like- land reforms, review of

minimum wages, equal pay for equal work, protection of civil rights, eradication of

untouchability; and other legislative provisions to prevent discrimination in employment on

the ground of sex. Again, a National Commission for Women has been constituted to protect

the rights of women, to tender suggestions and schemes for the upliftment and improvement in

the health and educational conditions of women; and to offer projects for the socio-economic

development of women. A national plan for the welfare of boys and girls and a national policy

for children are also concrete steps taken for the welfare of women.

Apart from the above steps taken for the upliftment of the political status of women,

a landmark attempt has been made by the Panchayati Raj Act through which women have been

guaranteed, a reservation of one third seats in Panchayati Raj Institutions ( PRIS). These

institutions have been given a constitutional status by the 73rd and 74th constitutional

amendment act, 1992. Thus, a new chapter of women’s political participation at grass root

Indian politics level has started. Several women organisations and feminists are demanding for

reservation of seats for women in legislative assemblies and parliament also. Here, it is

suggested that a proper evaluation and examination of women’s performance and role in PRIS

is required to provide them further opportunity of reservation in higher and apex legislatives

bodies.

The architects of the Indian constitution were quite conscious about the dignity and

rights of the Indian women. Therefore, they have incorporated several provisions in the

constitution which have paved the way for the post-independence governments to make rules

and regulations for the emancipation of Indian women and to uplift their position, role and

status in Indian society. Some of the leading provisions are discussed here.

 Article 14 (Right To Equality) provides that the state shall not deny any person

equality before law or the equal protection of the laws within the territory of India.

 Article 15 (Right to Social Equality) envisages that the state shall not discriminate

against any citizen on grounds only of religion, race, caste, sex, place of birth or any of

Page 3 of 8

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 03

March 2019

Available online: https://ejbss.org/ P a g e | 357

them. Nothing in this article shall prevent the state for the welfare and upliftment of

women and children.

 Article 16 (Right To Equality for Opportunity in Public Services) provides that

there shall be equality of opportunity for all citizens in matters relating to employment

or appointment to any office under the state. Further, article 16 (2) declares that no

citizen shall on grounds only of religion, race, caste, sex, decent, place of birth,

residence or any of them, be eligible for, discriminated against, in respect of any

employment or office under the state.

The incorporation of the chapter of Directive Principles of State Policy in the

constitution was one of the pioneering efforts to protect and improve the socio-economic and

political status of Indian women. The provisions of the Directive Principles of State Policy

enshrined in the constitution shall not be enforceable by any court, but the principles therein

laid down are nevertheless fundamental in the governance of the country. It shall be the duty

of the state to apply these principles in the enactment of laws.

 Article 39 provides that the state shall, in particular, direct its policy towards ensuring

that the citizens both men and women equally, have the right to an adequate means of

livelihood. Article 39 (d) and 39 (e) respectively make a provision that the state shall

make an arrangement to equal pay for work, for both men and women; and further, the

state would ensure that the health and the strength of the workers; men and women and

the tender age of children are not abused; and that citizens are not forced by economic

necessity to enter professions unsuitable for their age or strength.

 Article 32 provides for securing just and humane conditions of work and maternity

relief.

 Article 51 (A) and (e) refers to the fundamental duty of citizens to renounce practices

derogatory to the dignity of women.

Thus, it can be said with a considerable degree of certainty that the architects of the

Indian constitution have provided equal opportunities and avenues of development to both men

and women through constitutional measures. This has resulted in the radical change in the roles

and performance of Indian women.